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HomeMy WebLinkAbout09-3174NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 206065 1. Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: LENETTA M. YEAGY 1001--23 NANROC DRIVE A/K/A 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 170554479 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/27/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR EQUITY ONE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1846, Page 383. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 206065 5. 6 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $62,969.03 Interest $3,767.62 09/01/2008 through 05/15/2009 (Per Diem $14.66) Attorney's Fees $1,300.00 Cumulative Late Charges $126.50 10/27/2003 to 05/15/2009 Cost of Suit and Title Search 750.00 Subtotal $68,913.15 Escrow Credit ($54.53) Deficit $0.00 Subtotal 54.53 TOTAL $68,858.62 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 206065 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 206065 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $68,858.62, together with interest from 05/15/2009 at the rate of $14.66 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP l By Lawrence T. Phelan, Esquire -Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff File #: 206065 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit designated as Unit I-23, Building I, Plan Book 44, page 62-D, in the condominium known as Geneva Place, said unit being known and numbered 1001-23 Geneva Place, a condominium located in Upper Allen Township, Cumberland County, Pennsylvania, together with all rights, title and interest being a 2.083% interest in and to the Common Elements of said condominium, and under and subject to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plans. The aforementioned percentage interest erroneously omitted in prior conveyances, but ascertained by reference to the Amended Declaration. UNDER AND SUBJECT, to the same conditions, exceptions, reservations and restrictions as appear in prior deeds of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declaration Plan. PARCEL NO. 42-24-0792-042A-U 100 123 PROPERTY BEING: 1001--23 NANROC DRIVE A/K/A,1001-23 NANROC DRIVE UNIT I-23 File N: 206065 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE ' ZCpl Attorney for Plaintiff File #: 206065 D-5) T': D 5- C) 6Ar ekA" frD 7 353 l271" XL 5-30'?- Sheriffs Office of Cumberland County R Thomas Kline stitr eC Cu+ebrr Edward L Schorpp Sheriff ' n0 Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE C r rhE $4ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/18/2009 08:30 - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 18, 20 9 Mat 2030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within amed defendant, to wit: Lenetta M. Yeagy, by making known unto herself personally, defendant at 1001-2 Nanroc Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $3 .80 May 20, 2009 2009-3174 New York lion Trust Tenet Yeagy SO ANSWERS, R THOMAS KLINE. SHERIFF C") C n = cn Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ~auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LENETTA M. YEAGY, Defendant(s) for failure to file an Answer to Plaintiffl s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $68,858.62 Interest - 05/16/2009 to 07/01/2009 $689.02 TOTAL $69,547.64 I hereby certify that (1) the Defendant's last known address is 1001--23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG PA 17055-4479, and (2) that notice has been given in accordance with Rule 237.1, copy attached. AN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 322 Francis S. Hallinan, Esq., Id. No. 62695 Daniei G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 206065 PROTHONOTAR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 Plaintiff v. LENETTA M. YEAGY Defendant(s) TO: LENETTA M. YEAGY 1001-23 NANROC DRIVE COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-3174-CIVIL CUMBERLAND COUNTY F/~E~Opy A/K/A, 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 DATE OF NOTICE: June 9, 2009 THIS FIlZM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRTI'ING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. .THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 20b065 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 PHS # 206065 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ~~~~1 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LENETTA M. YEAGY is over 18 years of age and resides at 1001--23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & SCHMI~G,_LLP _ .._. /Lawrence T. Phelan, Esq., Id. No. 3222'T Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She 1 R. Shah-Jani, Esq., Id. No. 81760 J me R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE ~USE~ FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 2004 JUL -~ Pty I: Z~ ~t4~, oo p A ~a-m/ ew~gaa~~ R~- aa7 pia (Rule of Civil Procedure No. 236) -Revised THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL vs. LENETTA M. YEAGY 1001--23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 Notice is given that a Judgment in the above captioned matter has been entered against you on By: ~E-PI~~ If you have any questions concerning this matter please contact: & SCHMIEG, LLP By: L rence T. Phelan, Esq., Id. No. 32227-' Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 J e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 T Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against LENETTA M. YEAGY, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $68,858.62 Interest - 05/16/2009 to 02/16/2010 4 060.82 TOTAL $72,919.44 I hereby certify that (1) the Defendant's last known address is 1001-23 NANROC DRIVE A/K/A. 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG PA 17055-4479, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~ ~ ~ Lawre e/T. Phelan, Fr is S Hallinan. D~Cniel G. ~ Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire hrisovalante P. Fliakos, Esquire ~oshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a? ! 0 PHS # 206065 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LENETTA M. YEAGY is over 18 years of age and resides at 1001-23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (J La T. Phelan, Estl., Id. No. 32227 ^ Fr cis S. Hallinan sq., Id. No. 62695 ^ aniel . Sc g, Esq., Id. No. 62205 ^ Michele radford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ hrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS F/K/A THE BANK OF NEW YORK AS CIVIL DTVISON SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE NO. 09-3174-CIVIL CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CUMBERLAND COUNTY CERTIFICATES SERIES 2044-2 Plaintiff ~~~ . v. :~ ~~ LENETTA M. YEAGY Defendant(s) TO: LENETTA M. YEAGY 1001-23 NANROC DRIVE AlK/A, 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 DATE OF NOTICE: February 2, 2010 'THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT' A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IlVIPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH .BELOW. THIS OFFICE . CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. . " ~' IF YOU CANNOT AFFORD TO HIRE`A"LAWYER,..THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 206065 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 206065 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 "717) 249-3166 LawrFeil~~'!Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 BI8 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including marzied, maiden, and trade): Lenetta M. Yeagy 1001-23 Nanroc Drive Mechanicsburg, PA 17055 Chapter 7 Case No. 1:09-bk-05122-MDF Last four digits of Social-Security, Individual Taxpayet~Identification, Employer Tax-Identification No(s)(if any): xxx-xx-0561 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: October 19.2009 7`j°"a~a~~,~ Mary D. France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:09-bk-05122-MDF Doc 17 Filed 10/19/09 Entered 10/19/09 01:00:53 Desc Ch 7 Discharge Page 1 of 2 ZQ1QF~8 ~ ~ A~;1~. j ~ Ct.,~11YY~^~' f ,"4,,+,s~~'~ r i.+tUr~Y ,- t ~j~~. Od ~~ C~rr~~l~~n ~d- ~~G,~- ~~? ~ ~ 7 ~c~a3~~~a (Rule of Civil Procedure No. 236) -Revised THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.09-3174-CIVIL vs. LENETTA M. YEAGY Notice is given that a Judgment in the above captioned matter has been entered against you on ~~~ 7 / i G By: DEPUTY If you have any questions concerning this matter please contact: ^ hrisovalante P. Fliakos, Esq., Id. No. 94620 ~oshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PDRPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THF, BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTF,E FOR THE BENEFIT OF T'HE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 Plaintiff v. LENETTA M. YEAGY Defendant ORDER Court of Common Pleas Civil Division MAY 14 2010 ~ CUMBERLAND County No. 09-3174-CIVIL AND NOW, this ~~'~day of , 2010, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance $62,969.03 Interest Through June 2, 2010 $8,577.23 Per Diem $14.66 Late Charges $733.70 Legal fees $1,300.00 Cost of Suit and Title $1,338.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $119.50 Appraisal/Brokers Price Opinion $200.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,03 7.07 TOTAL $76,275.03 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. .~ , , r~ ~ . ~~ ~ ~' ~y -~,,,,~ 0 BY THE COURT 206065 ~~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~a,~~,titt? ~t ~uuiG,p~.fr~1@ 'r ~,G~ ~+~~ .-~k~i~~ fir, i . r- T• - - ~ _. r. n ~ , ~~~j, ~~;., ~ ~ P~ ~~ l CMS r.. „ The Bank of New York Mellon vs. Lenetta M. Yeagy SHERIFF'S RETURN OF SERVICE Case Number 2009-3174 04/06/2010 11:56 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1156 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lenetta M. Yeagy, located at, 1001-23 Nanroc Drive, a/k/a 1001-23 Nanroc Drive, Unit I-23, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/09/2010 07:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1945 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Lenetta M. Yeagy, by making known unto, Lenetta M. Yeagy, personally, at 1001-23 Nanroc Drive a/k/a 1001-23 Nanrok Dr U-123, Mechanicsburg , Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $61,000.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Mellon, F/K/A the Bank of New York, as Successor to JPMorgan Chase Bank, et. al., 488 Loop Central Drive, Houston, TX 77081, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 2,361.16 07/09/2010 Deed recorded 07-09-10. SHERIFF COST: $2,361.16 July 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF a -od ~,~ . Co. s~ ~- pd. ~~s3o~ (ci GounryS~ite Shen$ TEleosoft. Inr.. SCHEDULE OF DISTRIBUTION Date Filed: 6/23/10 Writ No. 2009-3174 Civil Term The Bank of New York Mellon, f/k/a The Bank of New York As Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc., Mortgage Pass-Through Certificates, Series 2004-2 Vs Lenetta M. Yeagy 1001-23 Nanroc Drive, a/k/a 1001-23 Nanroc Drive, Unit I-23 Mechanicsburg, PA 17055 Sale Date: June 2, 2010 Buyer: The Bank of New York Mellon, f/k/a The Bank of New York As Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc., Mortgage Pass-Through Certificates, Series 2004-2 Bid Price: $ 61,000.00 Real Debt: $ Interest: Attorney Writ Costs: Total Due: $ DISTRIBUTION: 72,919.44 1,287.90 179.80 74,387.14 Receipts: Cash on Account (03/17/2010): $ 1,500.00 Cash on Account (06/02/2010): 6,100.00 Credit Writ No. 2009-3174 Civil 53,400.00 Total Receipts: $ 61,000.00 SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2009-3174 held June 2, 2010 EFFECTIVE DATE: June 2, 2010 PREMISES: 1001 Nanroc Drive, Unit 1-23, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel No. 42-24-0792-042A-U100123 (the "Premises") RECITAL: Being the same premises which Frank V. Condo, single individual by his Deed dated January 8, 2000 and recorded January 21, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 215, Page 222, granted and conveyed unto Lenetta M. Yeagy, single individual. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. Y 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriff s sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriff s sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. ~rll Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Lenetta M. Yeagy. -2- 21 Subject to the legal operation and effect of the absence of a legal description of the subject real estate for purposes of Sheriffs Sale. 22. Subject to all legal rights and obligations with respect to any limited common elements or common elements. 23. Subject to the lien of any outstanding or unpaid condominium association unit or owner's fees and assessments. 24. Mortgage in the amount of $61,580.00 from Lenetta M. Yeagy to Equity One, Inc. dated May 15, 2001 and recorded May 30, 2001 in Mortgage Book 1711, Page 723, assigned August 2, 2002 in Miscellaneous Book 689, Page 532 to Chase Manhattan Bank. 25. Mortgage in the amount of $65,817.00 from Lenetta M. Yeagy to Equity One, Inc. dated October 27, 2003 and recorded November 24, 2003 in Mortgage Book 1846, Page 383, assigned July 1, 2009 in Instrument No. 200922478 to the Mellon Bank of New York. 26. Mortgage in the amount of $15,507.00 from Lenetta M. Yeagy to Citifinancial, Inc. dated August 19, 2003 and recorded August 22, 2003 in Mortgage Book 1831, Page 2842 subordinated May 14, 2009 in Miscellaneous Book 708, Page 1038 to the Mortgage identified as Item No. 25, above. 27. Judgment against Lenetta M. Yeagy in the amount of $72,919.44 entered February 17, 2010 in favor of the Mellon Bank of New York, amended to $76,275.03 by Order dated May 14, 2010 entered May 17, 2010 to No. 2009-3174 with respect to the Mortgage identified as Item No. 25, above. 28. Judgment against Lenetta Yeagy in the amount of $5,224.14 entered December 4, 2008 in favor of Arrow Financial Services, GE Money BK and Projection to No. 2008-7130. 29. Judgment against Lenetta Yeagy in the form of a municipal lien in the amount of $502.21 entered January 8, 2009 in favor of Upper Allen Township to No. 2009-104. 30. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing in Plan of Geneva Place recorded in Plan Book 44, Page 62. 31. Subject to all matters appearing in the Declaration recorded in Misc. Book 489, Page 929. 32. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Nanroc Gardens recorded in Plan Book 37, Page 128. -3- 33. Subject to the right-of--way recorded in Deed Book "X", Volume 28, Page 837. 34. Subject to the storm sewer easement in Miscellaneous Book 262, Page 23. 35. Subject to the rights granted PPL in Misc. Book 282, Page 315 and Misc. Book 216, Page 775. 36. Subject to the rights granted Mechanicsburg Water Company in Misc. Book 233, Page 457. 37. Subject to the rights granted Bell or Bell of PA in Misc. Book 96, Page 406. 38. Subject to easements of any and all partition walls. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. i/~~--~~--~ By: Keith O. Brenneman -4- Writ No. 2009-3174 Civil The Bank of New York Mellon F/K/A The Bank of New York as Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-2 vs. Lenetta M. Yeagy Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-3174-CIVIL, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCES- SOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIF[CATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY, owner of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being 1001-23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479. Parcel No. 42-24-0792-042A- U100123. Improvements thereon: RESIDEN- TIALDWELLING. EXHIBIT A THF, BANK OF NEW YQRK MELLON F/K/A THE BANK OF NEW YORK A,SrS[1C~ESSOR TO J~RMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 Plaintiff v. LENETTA M. YEAGY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3174-CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1001- 23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479. Name and address of Owner(s) or reputed Owner(s): Name ' Address (if address cannot be reasonably ascertained, please so indicate) LENETTA M. YEAGY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1001-23 NANROC DRIVE A/K/A 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Arrow Financial Services 59996 West Touhy Avenue Niles, IL 60714 Arrow Financial Services C/O: Philip C. Warholic, Esquire Money Bank Money Bank C/O: Philip C. Warholic, Esquire 4660 Trindle Road; Suite 300 Camp Hill, PA 17011 5996 West Touhy Avenue Niles, IL 60714 4660 Trindle Road; Suite 300 Camp Hill, PA 17011 4. Name and address of last"recorded holder of every mortgage of record: r~ Name Address (if address cannot be reasonably ascertained, please indicate) The Chase Manhattan Bank, as Trustee for 450 West 33`d Street; 15`h Floor the benefit of Equity One ABS, Inc., Mortgage New York, NY 10001 Pass-Through Certificate Series 2001-2 CitiFinancial, Inc. 3401 Hartzdale Drive; Suite 126 Camp Hill, PA 17011 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Upper Allen Township 100 Gettsburg Pike Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other,person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name • ' Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 1001-23 NANROC DRIVE A/K/A 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Genevu Properties Inc. Genevu Properties Inc. 2331 Market Street Camp Hill, PA 17011-4642 60 Pleasant Grove Road Mechanicsburg, PA 17050-1526 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 5, 2010 By: Atto y for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 THE BANK OF NEW YORK, MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 Plaintiff vs. LENETTA M. YEAGY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3174-CIVIL CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LENETTA M. YEAGY 1001-23 NANROC DRIVE A/K/A 1001-23 NANROC DRIVE UNIT I-23 MECHANICSBURG, PA 17055-4479 * *THIS FIl2M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1001-23 NANROC DRIVE A/K/A, 1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $72,919.44 obtained by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-3174-CIVIL THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2 vs. LENETTA M. YEAGY owner(s) of property situate in the TOWNSHIP OF UPPER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1001-23 NANROC DRIVE A/K/A,1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG. PA 17055-4479 Parcel No. 42-24-0792-042A-U100123 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,919.44 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Pazcel of land and premises, situate, lying and being in the Township of Upper Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: ALL THAT CERTAIN unit designated as Unit I-23, Building I, Plan Book 44, page 62-D, in the condominium known as Geneva Place, said unit being known and numbered 1001-23 Geneva Place, a condominium located in Upper Allen Township, Cumberland County, Pennsylvania, together with all rights, title and interest being a 2.083% interest in and to the Common Elements of said condominium, and under and subject to all agreements, conditions, easements and restrictions of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, Code of Regulations and Declazation Plans. Theaforementioned percentage interest erroneously omitted in prior conveyances, but ascertained by reference to the Amended Declazation. UNDER AND SUBJECT, to the same conditions, exceptions, reservations and restrictions as appeaz in prior deeds of record and to the provisions, easements, covenants and restrictions as contained in the Declazation of Condominium, Code of Regulations and Declaration Plan. TITLE TO SAID PREMISES IS VESTED IN Lenetta M. Yeagy, single individual, by Deed from Frank V. Condo, single individual, dated 01/08/2000, recorded 01/21/2000 in Book 215, Page 222. PREMISES BEING: 1001-23 NANROC DRIVE A/K/A,1001-23 NANROC DRIVE UNIT I-23, MECHANICSBURG, PA 17055-4479 PARCEL N0.42-24-0792-042A-U100123. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT~I OF P-~NNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3174 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, as Successor to JPMORGAN CHASE BANK, as Trustee for THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC MORTGAGE PASS THROUGH CERTIFICATES SERIES 2004-2, Plaintiff (s) From LENETTA M. YEAGY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,919.44 L.L.$.50 Interest from 2/17110 to Date of Sale ($12.15 per diem) -- $1,287.90 Atty's Comm Atty Paid $179.80 Plaintiff Paid Date: 3/9/10 Due Prothy $2.00 Other Costs L David D. Buell, Prothonotary (Seal) REQUESTING PARTY: By: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 206779 . ,.~. '~ On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA, Known and numbered as, 1001-23 Nanroc Drive, a/k/a 1001-23 Nanroc Drive, Unit I-23, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~~ Real Estate Coordinator ~~ '~~ ~ ~ i.~V~~ U'E'JL ~~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ lro. 2009-3174 Civil The Bank of New York Mellon F/K/A The Bank of New York as Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-2 vs. Lenetta M. Yeagy Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-3174-CIVIL, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCES- SOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF EQUITY ONE ABS, INC. MORTGAGE PASS THRnii(:H (`RRTIfiIC~TPi9 r ~~ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 ~~ J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubtfc CARLISLE BOROUtiH, CUMBERLAND COUNTY My Commiasiori Expiraa Apr 28, 2014 _ , ~~ q •i ~M~~ ,~ ~~~ ~x.. y, 5 The Patriot-News Co. 220 Technology Pkwy Suite 300 ' Mechanicsburg, PA 17050, Inquiries - 717-255-$213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~Ile~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 _. _ 04/30/10 Sworn to ~Ubscribed before m~thiw'(8 day of May, 2010 A.D. Notary Public COMMONW fiH P PrNNSYLVANIA Notar+al Ssel Sherrie 4 Klar~, Notary Public Lower Paxton'(Vup., Dauphin County My Commission B~Ires Nov. 26, 2011 Member, Pennsylvania Association of Notaries IMrlt lion ~ T#~~~~M~ MrMotit '!'IM3M llw~~ti~Mc r ~~ ~ ~ ~~. eAnlt- A~ ~+~~8+,ottbe~ GrIMlle~rhakNr~s eyf EgWry- ons `~ ,,; ~a~'Ms t M~l~gy~ +~-: ow+Mrko By ' ; ~ a Whit ioC"~ecyooit NO.0~-3174 ~~ CJVII:, THB OF N6VVYORK 7~t1AIQ IrJJClA THE $ANK OP A1EWY~RAS 3(1(3rESSOR TO J`PJ~IORGAN C~F~ISJs ~ IiA1VK; AS `TRUSTEE FO1P 1'H#3 '~T OF THE JCS OF UITY OI1E A$S, JNC. MOICTGAG$`PASS THROUGH C1AT~S S~?S 2004e2' ~ ,: J.E[VJ:'J'fA M: YFAC3Y owneds) Rf p~ippty xituate in the TbWlVSHIP OF' UPPER ALLEN, CemberlanQ' Caunty, r J~piove~eats ~~~R~aSTr'1AL 1)!If$1,L111U ~ ~' ~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which EQUITY ONE ABS INC TR is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 9TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3174, at the suit of EQUITY ONE ABS INC TR against LENETTA M YEAGY is duly recorded as Instrument Number 201018387. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A.D. ~ / C~ day of of Deeds Recorder of Deeds, Cumf~erlend County, Carlisle, PA My Commission E~ires ltte First Monday of Jan. 2014